Does Rent Smart Wales licensing cover rental property videos?

What to take away

What Rent Smart Wales licensing requires of a landlord or agent

Rent Smart Wales is the licensing scheme for private landlords and agents in Wales. It was created under powers in the Housing (Wales) Act 2014, which itself relied on the devolution settlement. Under that Act, a person acting for the landlord must not carry out lettings work on a dwelling unless licensed under Part 1.

The Water Act 2014 is sometimes cited for related water and sewerage matters, but the licensing provisions sit in the Housing (Wales) Act 2014.

The scheme requires landlords to register and, where they use an agent, to ensure that agent is licensed. Agents must be licensed to let and manage properties. That covers the whole letting and management chain.

A licence is not a formality. To get one, a landlord or agent must complete approved training and pass a test. They must also agree to a code of practice. The code covers how they deal with tenants, how they handle deposits and how they market properties.

For creators, the key point is that marketing is part of the licensed activity. If a video promotes a specific rental property in Wales, the person behind the letting must be licensed.

Rent Smart Wales licensing duties also include keeping records. A landlord must record the licence number and keep it up to date. An agent must display the licence number on documents and online listings. That includes social media posts where the agent is identifiable as the letting agent.

The scheme is enforced by Rent Smart Wales, which can prosecute unlicensed landlords and agents.

For real estate influencers working with Welsh landlords, the licence check is the first step. If the landlord is unlicensed, the content may still be published, but it could be evidence of unlicensed letting activity.

That risk falls on the landlord and the agent, not on the creator, unless the creator is also acting as an agent. A creator who repeatedly promotes unlicensed lets may damage their own standing and attract regulatory attention.

The licensing regime is devolved. Welsh Ministers have powers over housing and licensing under the Government of Wales Act 2006. That means the rules in Wales differ from England and Scotland.

A creator who works across the UK cannot assume that an English licence or registration covers a Welsh property. The Rent Smart Wales licence is specific to Wales.

Welsh Government housing policy and the Renting Homes framework

Welsh Government housing policy has reshaped the private rented sector. The centrepiece is the Renting Homes (Wales) Act 2016, which came into force in 2022. It replaced tenancies and licences with occupation contracts. Landlords must give a written statement of the contract. The model contract includes terms on rent, repairs and access.

The Renting Homes framework also changed how landlords can end a contract. There are specific grounds for possession, and notice periods are longer than in England. For creators, this matters because a video that says a landlord can evict a tenant quickly may be wrong in Wales. Accuracy is part of responsible marketing.

Welsh housing policy also includes action on homelessness, housing supply and standards. The Welsh Government has funded schemes such as Leasing Scheme Wales, which lets landlords lease properties to local authorities. A creator who covers these schemes should check the current rules, because eligibility and terms can change.

The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 is another piece of the framework. It restricts fees charged to tenants and bans discrimination against people who receive benefits or have children.

This Act is relevant to rental content because a video that promotes a property must not imply that certain tenants are excluded.

Devolution is the reason these rules exist separately. The Northern Ireland Act 1998 is not about Wales, but it is part of the wider devolution legislation that led to different housing regimes across the UK.

For Welsh creators, the practical point is that Welsh housing policy is made in Cardiff Bay, not Westminster, on these matters. The Welsh Assembly Acts 2010 to 2019 archive is the place to check the primary texts.

Do rental property videos count as marketing under the licensing regime?

Marketing is not defined narrowly in the Rent Smart Wales scheme. A video that advertises a specific rental property, gives its address, shows its interior or states the rent is marketing. It does not matter whether the video is on a traditional portal or on TikTok, Instagram or YouTube.

If it is intended to let a property, it is marketing.

A creator who is paid by a landlord to make a video is providing a service to a landlord. That does not make the creator a letting agent, unless they also carry out letting agency work such as arranging viewings, negotiating contracts or handling deposits.

The content itself is still marketing for the landlord. The landlord must be licensed, and the video should carry the licence number if the landlord or agent is identified.

There is a grey area for lifestyle content. A video that tours a Welsh town or shows a rental property as background may not be marketing. If the creator tags the landlord, includes a link to a letting agent or says the property is available, it becomes marketing.

The safer approach is to treat any property-specific promotion as marketing and check the licence.

Platform rules also apply. The Advertising Standards Authority CAP Code requires that ads are identifiable as ads. If a landlord pays for a video, the creator should disclose the commercial relationship. The Competition and Markets Authority also expects influencers to disclose paid promotions.

These rules sit alongside the Welsh licensing regime, and they interact with the wider advertising and estate-agency work duties that apply across the UK.

For real estate influencers, the licensing question is about the underlying letting. The creator is not usually the licence holder, but they can be caught if they act as an agent without a licence. That is a criminal offence.

A creator who starts arranging viewings or taking holding deposits for a Welsh rental could cross the line. The safe route is to stick to content and leave the letting process to a licensed agent.

Cardiff rental content: fees, discrimination and listing claims

Cardiff is the largest rental market in Wales. It has a high proportion of student and young professional renters. That makes it a popular subject for rental content. A Cardiff rental video might show a flat in Cathays, a house share in Roath or a new build in the Bay. Each of those raises specific issues.

First, fees. The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 limits what a landlord or agent can charge a tenant. A video that says there is a viewing fee or an administration fee may be promoting an unlawful charge.

Creators should avoid repeating fee claims without checking the Act. If a fee is banned, the video should not present it as normal.

Second, discrimination. The same Act bans discrimination against tenants who receive housing benefit or have children. A Cardiff rental video that says 'no DSS' or 'no children' may breach the law. Even a casual comment can be discriminatory. Creators should avoid repeating landlord preferences that are unlawful.

Third, listing claims. A video might say a flat is 'fully furnished' or 'bills included'. Those claims must be accurate. If the video is an ad, the CAP Code requires that claims are truthful and not misleading.

A creator who exaggerates could face a complaint to the ASA. The landlord or agent could also be in breach of the code of practice under Rent Smart Wales.

Fourth, location claims. Saying a property is 'in Cardiff city centre' when it is in Llandaff North is misleading. Creators should use accurate area names. This is especially important for student renters who may not know the city.

Finally, price claims. Saying 'cheapest rent in Cardiff' is a comparative claim that needs evidence. Without a firm basis, it is likely to breach advertising rules. Better to state the actual rent and let viewers decide.

A licensing checklist for real estate influencers filming in Wales

Use this checklist before publishing any Welsh rental video.

This checklist is not legal advice. It is a practical tool to reduce risk. If you are unsure, ask the landlord or agent for written confirmation.

Creators should also consider data protection. Filming a property may capture personal data, such as photographs or documents. If you pass leads to a letting agent, you are handling personal data. The rules on filming and leads to processors apply. Make sure you have a lawful basis and a privacy notice.

Example: a Cardiff rental video reviewed against Rent Smart Wales duties

Imagine a creator films a two-bedroom flat in Cathays, Cardiff. The landlord is a private individual. The video shows the living room, kitchen and bedroom. The creator says: 'Available now, £900 per month, no DSS, £100 admin fee, call me to arrange a viewing.' The video is posted on TikTok and Instagram.

Review against Rent Smart Wales duties:

What should have happened? The creator should have asked for the Rent Smart Wales licence number. They should have checked that the fees mentioned are lawful. They should have removed the discriminatory phrase. They should have included a clear ad disclosure. And they should have directed viewers to a licensed agent rather than taking enquiries directly.

This example shows how quickly a simple video can run into multiple Welsh rules. The creator's role is to inform and entertain, but when money changes hands and a property is promoted, the regulatory framework applies. Real estate influencers in Wales need to build these checks into their production process.

For broader compliance, including rights, claims and regulated activity, creators should understand when their content crosses into regulated activity. A video that only shows a property is one thing. A video that negotiates a let is another. The line is not always obvious, but the consequences can be serious.

Creators who want to build a sustainable business should also get their rights, claims and regulated activity under control. That means knowing when you need a licence, when you are acting as an agent and when you are just a content maker. It also means having contracts that set out your role.

One cheap safeguard is a company check. The Companies House register shows whether the agency behind a Welsh listing is active, who its directors are and when accounts are due. That takes a minute and tells you more than a polished Instagram grid. Keep the printout with your licence records.

Finally, measurement matters. Creators often talk about reach and engagement, but for rental content the key metric is whether the video led to a legitimate letting. Avoid attribution called impact if you cannot show a direct link. Use trackable links and ask the agent for feedback.

Common questions